Washington Administrative Code Title 223 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board-Forest practices)
Washington Administrative Code Title 223 – Environmental and Land Use Hearings Office
(Pollution Control Hearings Board – Forest Practices)
Overview
WAC Title 223 governs the rules, procedures, and functions of the Environmental and Land Use Hearings Office (ELUHO), which serves as the administrative tribunal for reviewing appeals and adjudicating disputes related to environmental and land use decisions in Washington State. This includes cases involving the Pollution Control Hearings Board (PCHB) and Forest Practices Appeals Board.
The Environmental and Land Use Hearings Office (ELUHO)
ELUHO is the independent hearings office that provides administrative law judges to preside over appeals and hearings involving environmental, land use, and forest practice regulations.
It serves multiple boards, including the Pollution Control Hearings Board and the Forest Practices Appeals Board.
Its role is to ensure a fair, timely, and impartial resolution of disputes involving state and local environmental decisions.
Pollution Control Hearings Board (PCHB)
The PCHB hears appeals related to pollution control laws.
It reviews decisions made by the Department of Ecology, Department of Agriculture, and other agencies enforcing environmental regulations.
Common cases include:
Air and water quality permits.
Hazardous waste management.
Water rights and shoreline permits.
Solid and dangerous waste disposal.
The PCHB operates as a quasi-judicial body, making decisions based on administrative law procedures.
Forest Practices Appeals Board
This board handles appeals of forest practice decisions issued by the Washington Department of Natural Resources (DNR).
The Forest Practices Act regulates logging, reforestation, and other forest management activities to protect water quality, fish habitat, and forest ecosystems.
The Appeals Board hears cases involving:
Denial or modification of forest practice permits.
Enforcement actions for forest practice violations.
Compliance with environmental safeguards.
Key Provisions in WAC Title 223
1. Filing and Processing Appeals
Rules specify how parties can file appeals of agency decisions.
Timelines for filing appeals, serving notices, and submitting evidence.
Requirements for the content and format of appeal documents.
2. Hearing Procedures
Procedures for pre-hearing conferences, motions, discovery, and evidence submission.
Conduct of hearings: oral arguments, witness testimony, and cross-examination.
Guidelines for administrative law judges who preside over hearings.
3. Decision-Making Process
Standards for evaluating the record and applying relevant laws.
Issuance of written decisions, including findings of fact and conclusions of law.
Procedures for finalizing decisions and issuing orders.
4. Enforcement and Compliance
Mechanisms for enforcing PCHB and Forest Practices Appeals Board decisions.
Interaction with other state agencies for implementation.
Penalties and corrective actions for non-compliance.
5. Public Participation and Access
Provisions ensuring transparency and access to hearings.
Rules for public notice and participation.
Opportunities for intervention by interested parties or amici curiae (friends of the court).
Importance of WAC Title 223
Provides a formal avenue for contesting environmental and land use decisions, protecting public and private interests.
Ensures that agencies apply laws consistently and fairly.
Balances economic development with environmental protection through fair adjudication.
Supports the enforcement of the Forest Practices Act, crucial for sustainable forestry and natural resource conservation in Washington.
Summary Table of WAC Title 223 Highlights
| Area | Description | Purpose/Function |
|---|---|---|
| Appeals Filing | Procedures for submitting appeals | Allow challenges to agency decisions |
| Hearing Process | Rules for hearings and evidence | Ensure fair and orderly adjudication |
| Decision-Making | Standards and issuance of rulings | Resolve disputes based on law and facts |
| Enforcement | Ensuring compliance with rulings | Implement decisions effectively |
| Public Participation | Access and transparency rules | Engage public and stakeholders |
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